Abstract

Around the key topics of the litigants’ Behaviors，this thesis consists of four parts. The purpose of the first part is to make analysis to this thesis’s study aim and the proposition itself. The first part marjory enplanes the realistic significances and analyzing value to introduce legal economic analyzing approach into civil procedure low science，at same time，it develops the summarizing explanations about the three variables，it the keywords of the proposition（namely the Litigants’ Behaviors）and the analyzing clue of the proposition（namely the Litigants’ Behaviors Choice），providing the objects and frames of studies for the development of the main body related below. The second part is the chapter which is the ontology of civil procedure parties’ behavior choice. The purpose of chapterⅠis，from the angle of legal hermeneutical science，to analyze detailed the basic concepts、kinds and the high-position concepts of parties’ behavior choice as the these study objects，and to study the kinds of the parties’ behavior choice of civil procedure parties. The third part is the main body of this thesis which consists of chapters Ⅲ，Ⅳ，Ⅴ，and Ⅵ. The third part analyzes concretely the three variables deciding the behavior choice of civil procedure parties. The basic analyzing train of this part is，along the developing orbit from the effectiveness maximization to information economics and to act economics finally，from the beginning of the reasoned people in classical economics，to analyze the transformation that the cast and income of parties making acts selection goes to the action economics analyzing more close the true states. Chapter Ⅵ shows a big data approach to procedural choice on mediation by court and proofs the existence of choice market from empirical perspective. The last part is chapter Ⅷ which also the end of the thesis. The purpose of this chapter is to analyze the practical value of this thesis，namely the litigants’ selecting skills’ for activating functions of the procedure as well as the conclusions this thesis’s found plays in China’s civil justice reforms.